Explanation of the Maryland Foreclosure Process and Time Line, Including Requests for Mediation, for Owner-Occupied First Mortgages:
The process leading up to a foreclosure of your home begins when you receive a "Notice of Intent to Foreclose" in the mail. Your home is not yet in foreclosure, but you should act immediately. You may avoid foreclosure by curing the default as described in the Notice. Alternatively, you may complete the Loss Mitigation Application you receive with the Notice of Intent to Foreclose and return it, together with all required documents, in (or to the address on) the envelope that was included.
A foreclosure may be filed in circuit court 45 days after the Notice of Intent to Foreclose was sent, or 90 days after your loan went into default, whichever is later. When a foreclosure action is filed against your property, you should be served with a packet of papers called an "Order to Docket" or "Complaint to Foreclose."
Maryland law requires most lenders or their servicers to review your circumstances to see if you are eligible for a loan modification or other program that avoids foreclosure before your home can be sold at foreclosure. This review is called loss mitigation analysis.
If the loss mitigation analysis is completed before the "Order to Docket" or "Complaint to Foreclose" is filed and there is a document called a "Final Loss Mitigation Affidavit" in the packet that you receive, you should refer to Timeline # 1 below.
If the loss mitigation analysis is not completed before the "Order to Docket" or "Complaint to Foreclose" is filed, there will be a document called a "Preliminary Loss Mitigation Affidavit" in the packet and you should look at Timeline # 2 below.
Timeline #1
Where the Order to Docket or Complaint to Foreclose includes the "Final Loss Mitigation Affidavit."
(Times in this chart are for general information. The timing of specific events in an actual foreclosure action may vary as permitted by law.)
| Day 1 | Missed mortgage payment. |
| Day 45 | Notice of Intent to Foreclose must be mailed by regular and certified mail. |
| Day 90 | Order to Docket or Complaint to Foreclose filed in circuit court. |
| Day 105 | Last day for homeowner to request foreclosure mediation.* |
| * If foreclosure mediation is not requested by day 105, or if a motion to stay the sale has not been filed, the property may be sold on day 135 and the remainder of this timeline is inapplicable. |
| Day 110 | If foreclosure mediation is requested, circuit court sends the request to the Maryland Office of Administrative Hearings by this day. |
| Day 170 | If requested, foreclosure mediation must take place by this day unless postponement is requested. |
| Day 185 | Foreclosure sale can be held unless a motion to stay the sale is filed. |
Timeline #2
Where the Order to Docket or Complaint to Foreclose includes the "Preliminary Loss Mitigation Affidavit." (Times in this chart are for general information. The timing of specific events in an actual foreclosure action may vary as permitted by law.)
| Day 1 | Missed mortgage payment. |
| Day 45 | Notice of Intent to Foreclose must be mailed by regular and certified mail. |
| Day 90 | Order to Docket or Complaint to Foreclose filed in circuit court. |
| Day 118 | "Final Loss Mitigation Affidavit" and form to request foreclosure mediation sent by regular & certified mail. |
| Day 133 | Last day for homeowner to request foreclosure mediation.* |
| * If foreclosure mediation is not requested by day 133, or if a motion to stay the sale has not been filed, the property may be sold on day 148 and the remainder of this time line is inapplicable. |
| Day 138 | If foreclosure mediation is requested, the circuit court sends the request to the Maryland Office of Administrative Hearings by this day. |
| Day 198 | If requested, foreclosure mediation must take place by this day unless postponement is requested. |
| Day 213 | Foreclosure sale can be held unless a motion to stay the sale is filed. |